(636) 271-2555
About Us
Contact Us
Skip Navigation Links
Home
Features
Shopping Cart
Products
Preserving the Past for the Future


Ball on Ball Field

Terms and Conditions

Purchases of MEMORABILIA FACTORY products and services are governed by one of the following terms and conditions. Please review carefully.

U.S. Terms and Conditions of Sale -- Direct (Applies to all direct purchases-by internet, phone, or MEMORABILIA FACTORY Direct)

Terms and Conditions of Sale for Persons or Entities Purchasing to Resell (Applies to all purchases of products that buyer intends to resell to others)

Site Terms (Governs use of MEMORABILIA FACTORY's web site)


U.S. Terms and Conditions of Sale - Direct (Applies to all direct purchases-by internet, phone, or MEMORABILIA FACTORY Direct)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold in the United States by MEMORABILIA FACTORY, including its affiliates or subsidiaries. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify MEMORABILIA FACTORY and return your purchase pursuant to MEMORABILIA FACTORY's Return Policy.

THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH MEMORABILIA FACTORY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER MEMORABILIA FACTORY TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

  1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and MEMORABILIA FACTORY. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
  2. Payment Terms; Orders; Quotes; Interest.  Terms of payment are within MEMORABILIA FACTORY's sole discretion, and unless otherwise agreed to by MEMORABILIA FACTORY, payment must be received by MEMORABILIA FACTORY prior to MEMORABILIA FACTORY's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by MEMORABILIA FACTORY. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. MEMORABILIA FACTORY may invoice parts of an order separately. MEMORABILIA FACTORY reserves the right to cancel any order at its sole discretion. Unless you and MEMORABILIA FACTORY have agreed to a different discount, MEMORABILIA FACTORY's standard pricing policy for MEMORABILIA FACTORY-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. MEMORABILIA FACTORY is not responsible for pricing, typographical, or other errors in any offer by MEMORABILIA FACTORY and reserves the right to cancel any orders resulting from such errors.
  3. Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from MEMORABILIA FACTORY to Customer on shipment from MEMORABILIA FACTORY's facility. Loss or damage that occurs during shipping by a carrier is your responsibility. You must notify MEMORABILIA FACTORY within 15 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide MEMORABILIA FACTORY with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
  4. Warranties.  THE LIMITED WARRANTIES DOCUMENTATION APPLICABLE TO MEMORABILIA FACTORY-BRANDED HARDWARE PRODUCT CAN BE FOUND WITH THE PRODUCT OR CAN BE REQUESTED.  MEMORABILIA FACTORY MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-MEMORABILIA FACTORY BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY MEMORABILIA FACTORY "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY MEMORABILIA FACTORY. MEMORABILIA FACTORY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN MEMORABILIA FACTORY'S APPLICABLE MEMORABILIA FACTORY-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. MEMORABILIA FACTORY-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND MEMORABILIA FACTORY IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL MEMORABILIA FACTORY RECEIVES PAYMENT IN FULL. MEMORABILIA FACTORY MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF MEMORABILIA FACTORY DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
  5. Software.  All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s).
  6. Return Policies; Exchanges.  MEMORABILIA FACTORY's return policy requires each customer to contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging within 10 days of purchase. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by MEMORABILIA FACTORY, MEMORABILIA FACTORY is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At MEMORABILIA FACTORY's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
  7. Changed or Discontinued Product.  MEMORABILIA FACTORY's policy is one of ongoing update and revision. MEMORABILIA FACTORY may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." MEMORABILIA FACTORY will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
  8. Service and Support.  Service offerings may vary from Product to Product. In addition to these terms and conditions, MEMORABILIA FACTORY and/or your third-party service provider may provide such service and support to you in the United States in accordance with the term and conditions or as otherwise delivered to you. MEMORABILIA FACTORY and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. MEMORABILIA FACTORY has no obligation to provide service or support until MEMORABILIA FACTORY has received full payment for the Product or service/support contract you purchased. MEMORABILIA FACTORY is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not MEMORABILIA FACTORY. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). MEMORABILIA FACTORY and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by MEMORABILIA FACTORY or your-third-party service provider. MEMORABILIA FACTORY and/or your third-party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to MEMORABILIA FACTORY and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause MEMORABILIA FACTORY to be liable for copyright infringement if those files were copied by MEMORABILIA FACTORY and/or your third-party service provider.
  9. Limitation of Liability.  MEMORABILIA FACTORY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MEMORABILIA FACTORY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MEMORABILIA FACTORY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  10. Not For Resale or Export.  You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. MEMORABILIA FACTORY has separate terms and conditions governing resale of Product by third parties and transactions outside the United States.
  11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MEMORABILIA FACTORY arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, MEMORABILIA FACTORY's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAW.  
  12. Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MEMORABILIA FACTORY, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "MEMORABILIA FACTORY") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MEMORABILIA FACTORY's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and MEMORABILIA FACTORY. NEITHER CUSTOMER NOR MEMORABILIA FACTORY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. MEMORABILIA FACTORY will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

Terms & Conditions | Privacy Policy
Copyright © 2012 MemorabiliaFactory - All Rights Reserved